The Attorneys at Dixon & Moseley, P.C.
Strong, Trial-Ready Advocates Protecting Your Rights
Any seasoned divorce attorney has observed the line between love and hate, passion and rage, and similar contrasts are narrow, contradictory, or even overlapping at times. The very dynamics that drove one person to fall in love with the other and have children can be the source of annoyance or worse upon divorce during custody and parenting time. Custody and…
The first thought of a divorce is a hard one for most people. All thoughts rapidly turn to “what if” based on uncertainty. However, most everyone has a friend, associate or ex-spouse that provides some foundation for information getting the basic divorce “to do” list complete: who will get the kids and on what schedule, which car do I want,…
Under the law in the United States, including Indiana, the American Rule is followed regarding legal fees. The American Rule directs, absent agreement or statute or other authority, each side pays his or her own legal fees.1 Nevertheless, within divorce and paternity matters, there are a number of provisions that allow a trial court to award attorneys fees where there…
It is time for another update on the Great Marriage Debate in Indiana. On June 25, 2014 a ruling by Chief Justice Richard Young of the United States District Court for the Southern District of Indiana found the ban on same-sex marriage in Indiana unconstitutional, violating both the Due Process and Equal Protection clauses of the 14th Amendment1. In their…
Anytime you enter into the courtroom, and especially in domestic cases, a lot of otherwise private information becomes public (or before the court), because the court must consider the best interests of the children. Sometimes information comes out that leads to other types of civil or criminal actions, or inherently there is some relief a court must order if the…
Many divorce actions are highly contentions because emotions are high and feelings are hurt. When a relationship ends, there are often feelings of abandonment, anger, mistrust, and sadness. Divorce is not only a business / legal proceeding to divide the assets and debts and determine custody of the children; it is a grieving and healing process as well. Often litigants,…
When determining an amount for a party’s child support obligation, a formula is used. It addresses expenses such as health insurance premiums for the children, daycare, and overnight parenting time credit. But, what number is used as a party’s “income”? Income for child support purposes is weekly gross income. Gross weekly income is defined as follows by the Indiana Child…
Often, divorce cases are emotional, and the main goal is to determine child custody and support and divide the assets and debts of the parties as quickly and efficiently as possible. However, there is information to be gathered, and the timing of dissolution cases can be extended as the case progresses. During the dissolution process, there are several “torpedoes” that…
In many divorce and paternity cases it often happens that one parent is provided primary physical custody of the child or children, and the other parent receives parenting time. Physical custody refers to where the child primarily lives. There is another type of custody, legal custody, that could be either joint in both parents or sole in one parent. This…
After a custody and parenting time determination, the parenting time schedule is set as specific as possible, so that the parties know their parenting time schedule. Often, the non-custodial parent will have a midweek and every other weekend as their parenting time schedule. The non-custodial parent may have more or less parenting time, depending on the Order or agreement of…